What Happens When Police Conduct an Illegal Search in Florida?
The Fourth Amendment protects citizens from unreasonable searches and seizures. This principle is vigorously upheld in Florida. Under this protection, the police need a warrant or a valid warrant exception to conduct a search or seizure. Any search and seizure that does not meet these criteria is considered unlawful. However, while strict laws govern searches and seizures, illegal searches occur. When an unlawful search and seizure occurs in Florida, it can significantly impact a criminal case.
What Is an Illegal Search and Seizure?
In Florida, unlawful searches and seizures can occur in various situations. Understanding these scenarios can empower defendants to recognize if their rights were violated. Generally, an illegal search and seizure in Florida occurs when the police conduct a search without a valid warrant supported by probable cause or a valid warrant exception, such as consent, exigent circumstances, or evidence in plain view. For example, the police must have a valid warrant to enter and search a home unless specific circumstances, such as consent from the homeowner, imminent danger or hot pursuit, justify a warrantless search. Also, it is illegal for a search to exceed the scope permitted by the warrant.
Scenarios of Illegal Searches in Florida
In Gay v. State (2014), the driver consented to the search of their vehicle, which rendered the encounter consensual. However, the court ruled that the officer’s actions during the traffic stop exceeded a consensual search when the officer removed a passenger’s pillbox and took it to his patrol car for further investigation. This turned the encounter into an investigatory detention, which required reasonable suspicion of criminal activity, which was lacking. According to the court, for a seizure to be considered lawful, the officer must have probable cause. For the plain view doctrine to apply, it must be immediately apparent that the object is evidence of a crime.
In Robinson v. State (2015), the court ruled that detectives entered the defendant’s property based on an anonymous tip without a warrant or consent, violating his reasonable expectation of privacy. Mr. Robinson’s property was fenced, posted with “no trespassing” and “beware of dogs” signs, and had a mailbox accessible from outside the fence, thus distinguishing this case from previous cases like Nieminski v. State, where such signs were absent.
Consequences of an Illegal Search and Seizure
When officers conduct an illegal search and seizure, the “exclusionary rule” comes into play. This rule bars the use of evidence obtained through constitutional violations, including Fourth Amendment violations. The exclusionary rule permits defense attorneys to request the courts to exclude certain evidence from the trial because of how the evidence was obtained. If the prosecution tries to present evidence obtained through an illegal search, the defendant’s attorney can fight back.
Suppression of evidence can make it challenging for the prosecution to prove their case. If the prosecution has no other evidence, suppression of evidence can lead to the dismissal of charges.
If you are facing criminal charges and believe an illegal search occurred, your attorney can file a motion to suppress the evidence. The court will examine whether the search violated your constitutional rights and whether any exceptions justified the officer’s actions.
Contact an Orlando Criminal Defense Lawyer
Don’t waste time if you’re facing criminal charges and believe that unlawful search and seizure occurred. Contact an Orlando criminal defense lawyer at Joshi Law Firm, PA, to schedule a consultation and discuss your case.
